Highlights
Essay Question
“The most pressing issue in the law in Australia is access. When a client can afford lawyers and get to courts, the standards are very high. But it is a Rolls Royce system. Most people drive second-hand Holdens and can't afford lawyers. For the moment, we continue to improvise with pro bono and limited public legal aid. Finding institutional solutions to access to the law and justice is the biggest challenge for Australian judges and lawyers in the 21st century. If you are in doubt, look at the huge rise in self-represented litigants - right up to the High Court. An inaccessible legal system breeds cynicism and disillusionment. So we need to be self-critical and never complacent. Otherwise we will suffer the fate of the dinosaurs.”1
The courts are struggling to deal with increasingly large numbers of unrepresented litigants who are financially and socially disadvantaged but ineligible for legal aid. Unrepresented persons face significant barriers in accessing and pursuing their case through the legal system.
In light of the concerns expressed by Justice Michael Kirby critically discuss whether there is an access to justice crisis in Australia. Critically discuss two creative approaches to enhance access to justice for unrepresented disadvantaged persons. At least one of the approaches is to focus on the use of law related technology to assist such persons.
1 Lawyers Weekly, Interview with Justice Michael Kirby on the Occasion of the Conferring of the Hughes-Castell Lifetime Achievement Award, August 2005
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